BOOK 26_1955-11-28 to 1957-06-17

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232 drawn to buld 31 two-story units. IN When Mr. Stuart's plans were completed he proceeded to seek financing, and he told Mr. Irwin on several occasions that he was unable to obtain financine until streets, curbs, �J sidewalks acid storm drains were installed, but that Mr. Irwin should not mention that fact to any of the neighbors. Mr, Stuart has 110 fte frontage on Union Avenue. He will not pay one cent more for streets, curbs, storm drains, etc* for 31 units than the other residents will have to pay for single and duplex residences. Several residents have even more property and larger frontages for a single dwelling unit. The Planning Commission refused rezoning to R-3 for 18 one-story units an the recommendation of the City Engineer. You, the City Council, rezoned to R-3 for 18 one-story units. We realized at the time that these large lots could be used for more than a single duplex, therefore, there was no protest to 18 one-story units, and if Mr. Stuart had kept faith and not deceived the residents he would not have incurred any additional expense. His 18 one-story units could have been nearly completed.by.this time. The City Council by.restoring this property to its original R-2 zoning would be correcting and injustice that was done under circumstances based more or less on misrepresentation of facts. , The statements made by some that such action on the part of the Council would deny the people the protection of the zoning laws is incorrect. On the contrary, the rectification of a previous error would serve to strengthen the faith of the people as a whole. We feel sure that with the above facts, justice will prevail. Very truly yours, (ten signatures) Mayor Royer stated that he had been contacted by on of the property owners in the area and had been told that they would not object to an 18 unit apartment. He further stated that he had contacted , Mr. Stuart's attorney and told him of the conversation. Mr. Dell 'Ergo stated that they could not get the necessary financing to take care of the necessary overhead for an 18 unit apartment. Mr. Carl Wood, 445 Redwood Avenue, spoke in favor of leaving the property in R-3 zone. Mrs. Roberts, 1630 Union Avenue, Mrs. Lucille Haney, corner Union and Woodside Road, both spoke at some length against the 31 units and stated their reasons for doing so. Councilman Spillers stated that this was an injustice , and he could not see why the Council was going to adopt a resolution of intention stating the Councils intention because this has been back and forth between the Council and the Planniag Commission and P he could not see why this had to be done. Why not just vote on whether they will rezone or not. City Attorney Currie stated that this was the quickest method and this is the one legal way to proceed with this problem because of the tie vote. This was followed by discussion by Mre De11'Ergo, Council- men Granger, Weiss,Stout and Herkner* Councilman Herkner amended the motion so that if the motion prevails that the Council would look in favor of the 18 units. City Attorney Currie was of the opinion that this would have to be a separate motion. The original motion carried on roll call with Council- man Spillers and Mayor Royer voting N0. The Mayor announced that this will be referred back to the Planning Commission. Councilman Herkner moved that this Council looks with favor to the building of 18 units on this property, seconded by Councilman Spillers. City Attorney Currie stated that this will come back to the Council and that this motion was expression of opinion of the Council. Councilman Herkner included in the motion to keep this building at a.30t setback as the other homes in the block. This was followed by discussion in regard to one story units. Councilman Weiss offered a substitute motion that the Council will look with favor upon a proper development of the land if suitable plans are submitted and a application for rezoning is submitted. This substitution. lost for lack of a second. The original motion carried on roll call. Mre Stuart asked when this would come -up before the Planning Commission. The Mayor stated that this will probably be the first meeting of next month. This was followed by discussion in regard to what action Mr. Stuart could take. The Mayor declared a recess at 10:20 Pe M. Councilman Spillers left the meeting at this time.